Wotzka v. Minndakota Limited Partnership
831 N.W.2d 722
N.D.2013Background
- Wotzka, a hotel guest, slipped in the Radisson Hotel shower and sued for a dangerous condition.
- Plaintiff claimed absence of bathmat, non-skid strip, or shower-level handrail contributed to the slip.
- Radisson moved for summary judgment arguing no duty to furnish safety devices or warn of open dangers.
- Trial court granted summary judgment, holding no duty to warn and no breach despite potential duties.
- Court reviews summary-judgment standard de novo, focusing on whether there are genuine issues of material fact; premises-liability duties under North Dakota law apply.
- Court reverses and remands, holding there are genuine issues about whether the hotel should have anticipated harm and acted reasonably.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to maintain reasonably safe premises in shower | Wotzka argues hotel should anticipate harm and act safely. | Radisson argues no duty to add safety devices. | Question of fact; duty reasonably may exist. |
| Open and obvious danger effect on duty to warn | Even if obvious, hotel may owe duty to warn or take precautions. | Obvious dangers negate duty to warn. | No duty to warn given open and obvious risk. |
| Whether hotel anticipated harm and failed to act | Hotel should have anticipated slip risk and taken protective steps. | No anticipation of harm; no breach evidenced. | Issue of fact; summary judgment improper. |
Key Cases Cited
- Botner v. Bismarck Parks and Rec. Dist., 2010 ND 95 (North Dakota (2010)) (negligence generally not suitable for summary judgment; questions of fact exist)
- Groleau v. Bjornson Oil Co., 2004 ND 55 (North Dakota (2004)) (duty depends on whether danger is known/obvious or owner should anticipate harm)
- Saltsman v. Sharp, 2011 ND 172 (North Dakota (2011)) (summary judgment improper when negligence issues are in dispute)
- Makeeff v. City of Bismarck, 2005 ND 60 (North Dakota (2005)) (reasonableness standard for natural accumulations of ice/snow on premises)
- Fast v. State, 2004 ND 111 (North Dakota (2004)) (landowner must take reasonable steps to prevent injury from known dangers)